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U.S. Code as of:
01/19/04
Section 1412. State eligibility
(a) In general
A State is eligible for assistance under this subchapter for a
fiscal year if the State demonstrates to the satisfaction of the
Secretary that the State has in effect policies and procedures to
ensure that it meets each of the following conditions:
(1) Free appropriate public education
(A) In general
A free appropriate public education is available to all
children with disabilities residing in the State between the
ages of 3 and 21, inclusive, including children with
disabilities who have been suspended or expelled from school.
(B) Limitation
The obligation to make a free appropriate public education
available to all children with disabilities does not apply with
respect to children:
(i) aged 3 through 5 and 18 through 21 in a State to the
extent that its application to those children would be
inconsistent with State law or practice, or the order of any
court, respecting the provision of public education to
children in those age ranges; and
(ii) aged 18 through 21 to the extent that State law does
not require that special education and related services under
this subchapter be provided to children with disabilities
who, in the educational placement prior to their
incarceration in an adult correctional facility:
(I) were not actually identified as being a child with a
disability under section 1401(3) of this title; or
(II) did not have an individualized education program
under this subchapter.
(2) Full educational opportunity goal
The State has established a goal of providing full educational
opportunity to all children with disabilities and a detailed
timetable for accomplishing that goal.
(3) Child find
(A) In general
All children with disabilities residing in the State,
including children with disabilities attending private schools,
regardless of the severity of their disabilities, and who are
in need of special education and related services, are
identified, located, and evaluated and a practical method is
developed and implemented to determine which children with
disabilities are currently receiving needed special education
and related services.
(B) Construction
Nothing in this chapter requires that children be classified
by their disability so long as each child who has a disability
listed in section 1401 of this title and who, by reason of that
disability, needs special education and related services is
regarded as a child with a disability under this subchapter.
(4) Individualized education program
An individualized education program, or an individualized
family service plan that meets the requirements of section
1436(d) of this title, is developed, reviewed, and revised for
each child with a disability in accordance with section 1414(d)
of this title.
(5) Least restrictive environment
(A) In general
To the maximum extent appropriate, children with
disabilities, including children in public or private
institutions or other care facilities, are educated with
children who are not disabled, and special classes, separate
schooling, or other removal of children with disabilities from
the regular educational environment occurs only when the nature
or severity of the disability of a child is such that education
in regular classes with the use of supplementary aids and
services cannot be achieved satisfactorily.
(B) Additional requirement
(i) In general
If the State uses a funding mechanism by which the State
distributes State funds on the basis of the type of setting
in which a child is served, the funding mechanism does not
result in placements that violate the requirements of
subparagraph (A).
(ii) Assurance
If the State does not have policies and procedures to
ensure compliance with clause (i), the State shall provide
the Secretary an assurance that it will revise the funding
mechanism as soon as feasible to ensure that such mechanism
does not result in such placements.
(6) Procedural safeguards
(A) In general
Children with disabilities and their parents are afforded the
procedural safeguards required by section 1415 of this title.
(B) Additional procedural safeguards
Procedures to ensure that testing and evaluation materials
and procedures utilized for the purposes of evaluation and
placement of children with disabilities will be selected and
administered so as not to be racially or culturally
discriminatory. Such materials or procedures shall be provided
and administered in the child's native language or mode of
communication, unless it clearly is not feasible to do so, and
no single procedure shall be the sole criterion for determining
an appropriate educational program for a child.
(7) Evaluation
Children with disabilities are evaluated in accordance with
subsections (a) through (c) of section 1414 of this title.
(8) Confidentiality
Agencies in the State comply with section 1417(c) of this title
(relating to the confidentiality of records and information).
(9) Transition from subchapter III to preschool programs
Children participating in early-intervention programs assisted
under subchapter III of this chapter, and who will participate in
preschool programs assisted under this subchapter, experience a
smooth and effective transition to those preschool programs in a
manner consistent with section 1437(a)(8) of this title. By the
third birthday of such a child, an individualized education
program or, if consistent with sections 1414(d)(2)(B) and 1436(d)
of this title, an individualized family service plan, has been
developed and is being implemented for the child. The local
educational agency will participate in transition planning
conferences arranged by the designated lead agency under section
1437(a)(8) of this title.
(10) Children in private schools
(A) Children enrolled in private schools by their parents
(i) In general
To the extent consistent with the number and location of
children with disabilities in the State who are enrolled by
their parents in private elementary and secondary schools,
provision is made for the participation of those children in
the program assisted or carried out under this subchapter by
providing for such children special education and related
services in accordance with the following requirements,
unless the Secretary has arranged for services to those
children under subsection (f) of this section:
(I) Amounts expended for the provision of those services
by a local educational agency shall be equal to a
proportionate amount of Federal funds made available under
this subchapter.
(II) Such services may be provided to children with
disabilities on the premises of private, including
parochial, schools, to the extent consistent with law.
(ii) Child-find requirement
The requirements of paragraph (3) of this subsection
(relating to child find) shall apply with respect to children
with disabilities in the State who are enrolled in private,
including parochial, elementary and secondary schools.
(B) Children placed in, or referred to, private schools by
public agencies
(i) In general
Children with disabilities in private schools and
facilities are provided special education and related
services, in accordance with an individualized education
program, at no cost to their parents, if such children are
placed in, or referred to, such schools or facilities by the
State or appropriate local educational agency as the means of
carrying out the requirements of this subchapter or any other
applicable law requiring the provision of special education
and related services to all children with disabilities within
such State.
(ii) Standards
In all cases described in clause (i), the State educational
agency shall determine whether such schools and facilities
meet standards that apply to State and local educational
agencies and that children so served have all the rights they
would have if served by such agencies.
(C) Payment for education of children enrolled in private
schools without consent of or referral by the public agency
(i) In general
Subject to subparagraph (A), this subchapter does not
require a local educational agency to pay for the cost of
education, including special education and related services,
of a child with a disability at a private school or facility
if that agency made a free appropriate public education
available to the child and the parents elected to place the
child in such private school or facility.
(ii) Reimbursement for private school placement
If the parents of a child with a disability, who previously
received special education and related services under the
authority of a public agency, enroll the child in a private
elementary or secondary school without the consent of or
referral by the public agency, a court or a hearing officer
may require the agency to reimburse the parents for the cost
of that enrollment if the court or hearing officer finds that
the agency had not made a free appropriate public education
available to the child in a timely manner prior to that
enrollment.
(iii) Limitation on reimbursement
The cost of reimbursement described in clause (ii) may be
reduced or denied -
(I) if -
(aa) at the most recent IEP meeting that the parents
attended prior to removal of the child from the public
school, the parents did not inform the IEP Team that they
were rejecting the placement proposed by the public
agency to provide a free appropriate public education to
their child, including stating their concerns and their
intent to enroll their child in a private school at
public expense; or
(bb) 10 business days (including any holidays that
occur on a business day) prior to the removal of the
child from the public school, the parents did not give
written notice to the public agency of the information
described in division (aa);
(II) if, prior to the parents' removal of the child from
the public school, the public agency informed the parents,
through the notice requirements described in section
1415(b)(7) of this title, of its intent to evaluate the
child (including a statement of the purpose of the
evaluation that was appropriate and reasonable), but the
parents did not make the child available for such
evaluation; or
(III) upon a judicial finding of unreasonableness with
respect to actions taken by the parents.
(iv) Exception
Notwithstanding the notice requirement in clause (iii)(I),
the cost of reimbursement may not be reduced or denied for
failure to provide such notice if -
(I) the parent is illiterate and cannot write in English;
(II) compliance with clause (iii)(I) would likely result
in physical or serious emotional harm to the child;
(III) the school prevented the parent from providing such
notice; or
(IV) the parents had not received notice, pursuant to
section 1415 of this title, of the notice requirement in
clause (iii)(I).
(11) State educational agency responsible for general supervision
(A) In general
The State educational agency is responsible for ensuring that
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(i) the requirements of this subchapter are met; and
(ii) all educational programs for children with
disabilities in the State, including all such programs
administered by any other State or local agency -
(I) are under the general supervision of individuals in
the State who are responsible for educational programs for
children with disabilities; and
(II) meet the educational standards of the State
educational agency.
(B) Limitation
Subparagraph (A) shall not limit the responsibility of
agencies in the State other than the State educational agency
to provide, or pay for some or all of the costs of, a free
appropriate public education for any child with a disability in
the State.
(C) Exception
Notwithstanding subparagraphs (A) and (B), the Governor (or
another individual pursuant to State law), consistent with
State law, may assign to any public agency in the State the
responsibility of ensuring that the requirements of this
subchapter are met with respect to children with disabilities
who are convicted as adults under State law and incarcerated in
adult prisons.
(12) Obligations related to and methods of ensuring services
(A) Establishing responsibility for services
The Chief Executive Officer or designee of the officer shall
ensure that an interagency agreement or other mechanism for
interagency coordination is in effect between each public
agency described in subparagraph (B) and the State educational
agency, in order to ensure that all services described in
subparagraph (B)(i) that are needed to ensure a free
appropriate public education are provided, including the
provision of such services during the pendency of any dispute
under clause (iii). Such agreement or mechanism shall include
the following:
(i) Agency financial responsibility
An identification of, or a method for defining, the
financial responsibility of each agency for providing
services described in subparagraph (B)(i) to ensure a free
appropriate public education to children with disabilities,
provided that the financial responsibility of each public
agency described in subparagraph (B), including the State
Medicaid agency and other public insurers of children with
disabilities, shall precede the financial responsibility of
the local educational agency (or the State agency responsible
for developing the child's IEP).
(ii) Conditions and terms of reimbursement
The conditions, terms, and procedures under which a local
educational agency shall be reimbursed by other agencies.
(iii) Interagency disputes
Procedures for resolving interagency disputes (including
procedures under which local educational agencies may
initiate proceedings) under the agreement or other mechanism
to secure reimbursement from other agencies or otherwise
implement the provisions of the agreement or mechanism.
(iv) Coordination of services procedures
Policies and procedures for agencies to determine and
identify the interagency coordination responsibilities of
each agency to promote the coordination and timely and
appropriate delivery of services described in subparagraph
(B)(i).
(B) Obligation of public agency
(i) In general
If any public agency other than an educational agency is
otherwise obligated under Federal or State law, or assigned
responsibility under State policy or pursuant to subparagraph
(A), to provide or pay for any services that are also
considered special education or related services (such as,
but not limited to, services described in sections 1401(1)
relating to assistive technology devices, 1401(2) relating to
assistive technology services, 1401(22) relating to related
services, 1401(29) relating to supplementary aids and
services, and 1401(30) of this title relating to transition
services) that are necessary for ensuring a free appropriate
public education to children with disabilities within the
State, such public agency shall fulfill that obligation or
responsibility, either directly or through contract or other
arrangement.
(ii) Reimbursement for services by public agency
If a public agency other than an educational agency fails
to provide or pay for the special education and related
services described in clause (i), the local educational
agency (or State agency responsible for developing the
child's IEP) shall provide or pay for such services to the
child. Such local educational agency or State agency may then
claim reimbursement for the services from the public agency
that failed to provide or pay for such services and such
public agency shall reimburse the local educational agency or
State agency pursuant to the terms of the interagency
agreement or other mechanism described in subparagraph (A)(i)
according to the procedures established in such agreement
pursuant to subparagraph (A)(ii).
(C) Special rule
The requirements of subparagraph (A) may be met through -
(i) state (!1) statute or regulation;
(ii) signed agreements between respective agency officials
that clearly identify the responsibilities of each agency
relating to the provision of services; or
(iii) other appropriate written methods as determined by
the Chief Executive Officer of the State or designee of the
officer.
(13) Procedural requirements relating to local educational agency
eligibility
The State educational agency will not make a final
determination that a local educational agency is not eligible for
assistance under this subchapter without first affording that
agency reasonable notice and an opportunity for a hearing.
(14) Comprehensive system of personnel development
The State has in effect, consistent with the purposes of this
chapter and with section 1435(a)(8) of this title, a
comprehensive system of personnel development that is designed to
ensure an adequate supply of qualified special education, regular
education, and related services personnel that meets the
requirements for a State improvement plan relating to personnel
development in subsections (b)(2)(B) and (c)(3)(D) of section
1453 of this title.
(15) Personnel standards
(A) In general
The State educational agency has established and maintains
standards to ensure that personnel necessary to carry out this
subchapter are appropriately and adequately prepared and
trained.
(B) Standards described
Such standards shall -
(i) be consistent with any State-approved or
State-recognized certification, licensing, registration, or
other comparable requirements that apply to the professional
discipline in which those personnel are providing special
education or related services;
(ii) to the extent the standards described in subparagraph
(A) are not based on the highest requirements in the State
applicable to a specific profession or discipline, the State
is taking steps to require retraining or hiring of personnel
that meet appropriate professional requirements in the State;
and
(iii) allow paraprofessionals and assistants who are
appropriately trained and supervised, in accordance with
State law, regulations, or written policy, in meeting the
requirements of this subchapter to be used to assist in the
provision of special education and related services to
children with disabilities under this subchapter.
(C) Policy
In implementing this paragraph, a State may adopt a policy
that includes a requirement that local educational agencies in
the State make an ongoing good-faith effort to recruit and hire
appropriately and adequately trained personnel to provide
special education and related services to children with
disabilities, including, in a geographic area of the State
where there is a shortage of such personnel, the most qualified
individuals available who are making satisfactory progress
toward completing applicable course work necessary to meet the
standards described in subparagraph (B)(i), consistent with
State law, and the steps described in subparagraph (B)(ii)
within three years.
(16) Performance goals and indicators
The State -
(A) has established goals for the performance of children
with disabilities in the State that -
(i) will promote the purposes of this chapter, as stated in
section 1400(d) of this title; and
(ii) are consistent, to the maximum extent appropriate,
with other goals and standards for children established by
the State;
(B) has established performance indicators the State will use
to assess progress toward achieving those goals that, at a
minimum, address the performance of children with disabilities
on assessments, drop-out rates, and graduation rates;
(C) will, every two years, report to the Secretary and the
public on the progress of the State, and of children with
disabilities in the State, toward meeting the goals established
under subparagraph (A); and
(D) based on its assessment of that progress, will revise its
State improvement plan under part A of subchapter IV of this
chapter as may be needed to improve its performance, if the
State receives assistance under that part.
(17) Participation in assessments
(A) In general
Children with disabilities are included in general State and
district-wide assessment programs, with appropriate
accommodations, where necessary. As appropriate, the State or
local educational agency -
(i) develops guidelines for the participation of children
with disabilities in alternate assessments for those children
who cannot participate in State and district-wide assessment
programs; and
(ii) develops and, beginning not later than July 1, 2000,
conducts those alternate assessments.
(B) Reports
The State educational agency makes available to the public,
and reports to the public with the same frequency and in the
same detail as it reports on the assessment of nondisabled
children, the following:
(i) The number of children with disabilities participating
in regular assessments.
(ii) The number of those children participating in
alternate assessments.
(iii)(I) The performance of those children on regular
assessments (beginning not later than July 1, 1998) and on
alternate assessments (not later than July 1, 2000), if doing
so would be statistically sound and would not result in the
disclosure of performance results identifiable to individual
children.
(II) Data relating to the performance of children described
under subclause (I) shall be disaggregated -
(aa) for assessments conducted after July 1, 1998; and
(bb) for assessments conducted before July 1, 1998, if
the State is required to disaggregate such data prior to
July 1, 1998.
(18) Supplementation of State, local, and other Federal funds
(A) Expenditures
Funds paid to a State under this subchapter will be expended
in accordance with all the provisions of this subchapter.
(B) Prohibition against commingling
Funds paid to a State under this subchapter will not be
commingled with State funds.
(C) Prohibition against supplantation and conditions for waiver
by Secretary
Except as provided in section 1413 of this title, funds paid
to a State under this subchapter will be used to supplement the
level of Federal, State, and local funds (including funds that
are not under the direct control of State or local educational
agencies) expended for special education and related services
provided to children with disabilities under this subchapter
and in no case to supplant such Federal, State, and local
funds, except that, where the State provides clear and
convincing evidence that all children with disabilities have
available to them a free appropriate public education, the
Secretary may waive, in whole or in part, the requirements of
this subparagraph if the Secretary concurs with the evidence
provided by the State.
(19) Maintenance of State financial support
(A) In general
The State does not reduce the amount of State financial
support for special education and related services for children
with disabilities, or otherwise made available because of the
excess costs of educating those children, below the amount of
that support for the preceding fiscal year.
(B) Reduction of funds for failure to maintain support
The Secretary shall reduce the allocation of funds under
section 1411 of this title for any fiscal year following the
fiscal year in which the State fails to comply with the
requirement of subparagraph (A) by the same amount by which the
State fails to meet the requirement.
(C) Waivers for exceptional or uncontrollable circumstances
The Secretary may waive the requirement of subparagraph (A)
for a State, for one fiscal year at a time, if the Secretary
determines that -
(i) granting a waiver would be equitable due to exceptional
or uncontrollable circumstances such as a natural disaster or
a precipitous and unforeseen decline in the financial
resources of the State; or
(ii) the State meets the standard in paragraph (18)(C) of
this section for a waiver of the requirement to supplement,
and not to supplant, funds received under this subchapter.
(D) Subsequent years
If, for any year, a State fails to meet the requirement of
subparagraph (A), including any year for which the State is
granted a waiver under subparagraph (C), the financial support
required of the State in future years under subparagraph (A)
shall be the amount that would have been required in the
absence of that failure and not the reduced level of the
State's support.
(E) Regulations
(i) The Secretary shall, by regulation, establish procedures
(including objective criteria and consideration of the results
of compliance reviews of the State conducted by the Secretary)
for determining whether to grant a waiver under subparagraph
(C)(ii).
(ii) The Secretary shall publish proposed regulations under
clause (i) not later than 6 months after June 4, 1997, and
shall issue final regulations under clause (i) not later than 1
year after June 4, 1997.
(20) Public participation
Prior to the adoption of any policies and procedures needed to
comply with this section (including any amendments to such
policies and procedures), the State ensures that there are public
hearings, adequate notice of the hearings, and an opportunity for
comment available to the general public, including individuals
with disabilities and parents of children with disabilities.
(21) State advisory panel
(A) In general
The State has established and maintains an advisory panel for
the purpose of providing policy guidance with respect to
special education and related services for children with
disabilities in the State.
(B) Membership
Such advisory panel shall consist of members appointed by the
Governor, or any other official authorized under State law to
make such appointments, that is representative of the State
population and that is composed of individuals involved in, or
concerned with, the education of children with disabilities,
including -
(i) parents of children with disabilities;
(ii) individuals with disabilities;
(iii) teachers;
(iv) representatives of institutions of higher education
that prepare special education and related services
personnel;
(v) State and local education officials;
(vi) administrators of programs for children with
disabilities;
(vii) representatives of other State agencies involved in
the financing or delivery of related services to children
with disabilities;
(viii) representatives of private schools and public
charter schools;
(ix) at least one representative of a vocational,
community, or business organization concerned with the
provision of transition services to children with
disabilities; and
(x) representatives from the State juvenile and adult
corrections agencies.
(C) Special rule
A majority of the members of the panel shall be individuals
with disabilities or parents of children with disabilities.
(D) Duties
The advisory panel shall -
(i) advise the State educational agency of unmet needs
within the State in the education of children with
disabilities;
(ii) comment publicly on any rules or regulations proposed
by the State regarding the education of children with
disabilities;
(iii) advise the State educational agency in developing
evaluations and reporting on data to the Secretary under
section 1418 of this title;
(iv) advise the State educational agency in developing
corrective action plans to address findings identified in
Federal monitoring reports under this subchapter; and
(v) advise the State educational agency in developing and
implementing policies relating to the coordination of
services for children with disabilities.
(22) Suspension and expulsion rates
(A) In general
The State educational agency examines data to determine if
significant discrepancies are occurring in the rate of
long-term suspensions and expulsions of children with
disabilities -
(i) among local educational agencies in the State; or
(ii) compared to such rates for nondisabled children within
such agencies.
(B) Review and revision of policies
If such discrepancies are occurring, the State educational
agency reviews and, if appropriate, revises (or requires the
affected State or local educational agency to revise) its
policies, procedures, and practices relating to the development
and implementation of IEPs, the use of behavioral
interventions, and procedural safeguards, to ensure that such
policies, procedures, and practices comply with this chapter.
(b) State educational agency as provider of free appropriate public
education or direct services
If the State educational agency provides free appropriate public
education to children with disabilities, or provides direct
services to such children, such agency -
(1) shall comply with any additional requirements of section
1413(a) of this title, as if such agency were a local educational
agency; and
(2) may use amounts that are otherwise available to such agency
under this subchapter to serve those children without regard to
section 1413(a)(2)(A)(i) of this title (relating to excess
costs).
(c) Exception for prior State plans
(1) In general
If a State has on file with the Secretary policies and
procedures that demonstrate that such State meets any requirement
of subsection (a) of this section, including any policies and
procedures filed under this subchapter as in effect before the
effective date of the Individuals with Disabilities Education Act
Amendments of 1997, the Secretary shall consider such State to
have met such requirement for purposes of receiving a grant under
this subchapter.
(2) Modifications made by State
Subject to paragraph (3), an application submitted by a State
in accordance with this section shall remain in effect until the
State submits to the Secretary such modifications as the State
deems necessary. This section shall apply to a modification to an
application to the same extent and in the same manner as this
section applies to the original plan.
(3) Modifications required by Secretary
If, after the effective date of the Individuals with
Disabilities Education Act Amendments of 1997, the provisions of
this chapter are amended (or the regulations developed to carry
out this chapter are amended), or there is a new interpretation
of this chapter by a Federal court or a State's highest court, or
there is an official finding of noncompliance with Federal law or
regulations, the Secretary may require a State to modify its
application only to the extent necessary to ensure the State's
compliance with this subchapter.
(d) Approval by Secretary
(1) In general
If the Secretary determines that a State is eligible to receive
a grant under this subchapter, the Secretary shall notify the
State of that determination.
(2) Notice and hearing
The Secretary shall not make a final determination that a State
is not eligible to receive a grant under this subchapter until
after providing the State -
(A) with reasonable notice; and
(B) with an opportunity for a hearing.
(e) Assistance under other Federal programs
Nothing in this chapter permits a State to reduce medical and
other assistance available, or to alter eligibility, under titles V
and XIX of the Social Security Act [42 U.S.C. 701 et seq., 1396 et
seq.] with respect to the provision of a free appropriate public
education for children with disabilities in the State.
(f) By-pass for children in private schools
(1) In general
If, on December 2, 1983, a State educational agency is
prohibited by law from providing for the participation in special
programs of children with disabilities enrolled in private
elementary and secondary schools as required by subsection
(a)(10)(A) of this section, the Secretary shall, notwithstanding
such provision of law, arrange for the provision of services to
such children through arrangements which shall be subject to the
requirements of such subsection.
(2) Payments
(A) Determination of amounts
If the Secretary arranges for services pursuant to this
subsection, the Secretary, after consultation with the
appropriate public and private school officials, shall pay to
the provider of such services for a fiscal year an amount per
child that does not exceed the amount determined by dividing -
(i) the total amount received by the State under this
subchapter for such fiscal year; by
(ii) the number of children with disabilities served in the
prior year, as reported to the Secretary by the State under
section 1418 of this title.
(B) Withholding of certain amounts
Pending final resolution of any investigation or complaint
that could result in a determination under this subsection, the
Secretary may withhold from the allocation of the affected
State educational agency the amount the Secretary estimates
would be necessary to pay the cost of services described in
subparagraph (A).
(C) Period of payments
The period under which payments are made under subparagraph
(A) shall continue until the Secretary determines that there
will no longer be any failure or inability on the part of the
State educational agency to meet the requirements of subsection
(a)(10)(A) of this section.
(3) Notice and hearing
(A) In general
The Secretary shall not take any final action under this
subsection until the State educational agency affected by such
action has had an opportunity, for at least 45 days after
receiving written notice thereof, to submit written objections
and to appear before the Secretary or the Secretary's designee
to show cause why such action should not be taken.
(B) Review of action
If a State educational agency is dissatisfied with the
Secretary's final action after a proceeding under subparagraph
(A), such agency may, not later than 60 days after notice of
such action, file with the United States court of appeals for
the circuit in which such State is located a petition for
review of that action. A copy of the petition shall be
forthwith transmitted by the clerk of the court to the
Secretary. The Secretary thereupon shall file in the court the
record of the proceedings on which the Secretary based the
Secretary's action, as provided in section 2112 of title 28.
(C) Review of findings of fact
The findings of fact by the Secretary, if supported by
substantial evidence, shall be conclusive, but the court, for
good cause shown, may remand the case to the Secretary to take
further evidence, and the Secretary may thereupon make new or
modified findings of fact and may modify the Secretary's
previous action, and shall file in the court the record of the
further proceedings. Such new or modified findings of fact
shall likewise be conclusive if supported by substantial
evidence.
(D) Jurisdiction of court of appeals; review by United States
Supreme Court
Upon the filing of a petition under subparagraph (B), the
United States court of appeals shall have jurisdiction to
affirm the action of the Secretary or to set it aside, in whole
or in part. The judgment of the court shall be subject to
review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of
title 28.
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